DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 19-26 and 28 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Hon (US 2012/0111347).
With respect to the limitations of claim 19, Hon teaches an aerosol delivery device (title, abstract) comprising: a tank defined by an outer body (Figs 1, 2, second housing 8’, 0037); a connector arranged (air-intake connection component 10, electrode ring 11, 0037) at an end of the tank, the connector being configured to connect the tank to a power unit (power supply unit 1, 0036); a mouthpiece arranged (Fig 1, mouthpiece indicated by a, 0041) at an opposing end of the tank; a reservoir defined within the outer body (liquid storage component 3, 0034) of the tank and effective for retaining an aerosol precursor composition; an atomizer within the outer body of the tank, the atomizer comprising: a fluid transport element in the form (Fig 3, liquid conduction component 7, liquid permeating component 6, 0035) of a rigid, porous monolith (zeolite, 0022, claim 20) that it at least partially hollow so as to define an open space (hollow interior of liquid permeating component 6) therein; and a heater positioned at least partially within (electric heater 5, 0034) the open space defined in the rigid, porous monolith; the atomizer (5, 6, 7) is positioned relative to the reservoir so that the aerosol precursor composition retained by the reservoir (3) contacts an outer surface of the rigid, porous monolith (6, 7, see figures 1, 2, 6).
With respect to the limitations of claim 20, 21, 22, 23, 24, 25, 26 and 28, Hon teaches the heater (5) of the atomizer is positioned within the tank (8’) to be closer to the connector (10, 11) of the tank than to the mouthpiece (a) of the tank;
the rigid, porous monolith is formed of porous ceramic or porous glass (zeolite, 0022)
the fluid transport element excludes any fibrous material (zeolite, 0022);
fluid transport element (6, 7) comprises a porous ceramic (zeolite, 0022) that is formed is the presence of the heater (5) so that the heater is integral to the rigid, porous monolith (see figures 1-3);
at least a portion of the heater suitable for forming an electrical contact is positioned external to the rigid, porous monolith (0037, the electrode ring 11 are electrically connected with two leads of the electric heater 5);
the arrangement of the heater (5) at least partially within the open space defined in the rigid, porous monolith (6, 7) is effective to produce a vapor that moves outward (channel 31, 0041) from the rigid, porous monolith;
the heater is arranged as a wire coil (Fig 3, electric heater 5 formed as a coil);
comprising a vaporization zone (area of electric heater 5) arranged relative to an airflow pathway (channel 31) through the tank so that vapor formed by heating of the aerosol precursor composition by the heater at least partially fills the vaporization zone and mixes with air passing through the airflow pathway to be passed from the vaporization zone to the mouthpiece (0041).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 29-35 are rejected under 35 U.S.C. 103 as being obvious over Hon (US 2012/0111347).
With respect to the limitations of claim 29, Mironov teaches an aerosol delivery device (title, abstract) comprising: an outer shell (Figs 1-4, main body 11, 0066); a reservoir (housing 24, 0069) defined within the outer shell and effective for retaining an aerosol precursor composition (Fig 3, capillary material 22 that is soaked in a liquid aerosol-forming substrate, 0069); a heater (heater assembly 30, 0070) positioned within the outer shell and arranged to vaporize the aerosol precursor composition (0036, 0037); a fluid transport element (capillary material 22, 0069) positioned within the outer shell and arranged to transfer the aerosol precursor composition from the reservoir to the heater to be vaporized thereby; the heater (Figs 3, 4, heater filaments 36, 0070) is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element (capillary material 22). Mironov discloses the claimed invention except for the heater is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element and defines at least a first end with a first clasp and a second end with a second clasp, the first clasp and the second clasp being at least partially bent and configured to positionally secure the heater.
However, in another embodiment, Mironov discloses the heater (Fig 14, stainless steel mesh 118, 0095) is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element (0095, housing 112 is filled with a capillary material (not visible in FIG. 14) soaked in aerosol-forming substrate, as described with reference to the embodiment shown in FIGS. 1a to 1d) and defines at least a first end with a first clasp and a second end with a second clasp, the first clasp and the second clasp being at least partially bent (pair of contact strips 120, 0095) and configured to positionally secure the heater is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the aerosol delivery device having a heater with silent to clasp with the heater is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element and defines at least a first end with a first clasp and a second end with a second clasp, the first clasp and the second clasp being at least partially bent and configured to positionally secure the heater of another embodiment of Mironov for the purpose of providing a known alternative heater / cartridge design that is suited for a different pattern of airflow through the system (0095).
With respect to the limitations of claims 30, 31, 32, 33, 34 and 35, Mironov teaches the heater is configured as a conductive mesh having has a regular pattern of conductive filaments forming parallelograms surrounding insulating spaces (Figs 3, 4, 14, heater filaments 36, with air insulating spaces);
the insulating spaces are open (Figs 3, 4, heater filaments 36, with air insulating spaces);
the insulating spaces have an average individual area of 0.01 µm2 to 2 mm2 (0013, 0016);
the first clasp and the second clasp are configured as electrical connections (pair of contact strips 120, 0095) for the heater to receive electrical power from a power source;
the heater (heater filaments 36) is arranged to contact at least a portion of a surface (0019, capillary material may be directly in contact with the heater assembly) of the fluid transport element (22);
the fluid transport element (capillary material 22, 0069) is in a form of a rigid, porous monolith (0018, suitable materials are a sponge or foam material, ceramic- or graphite-based materials in the form of fibres or sintered powders, foamed metal or plastics material, a fibrous material, for example made of spun or extruded fibres, such as cellulose acetate, polyester, or bonded polyolefin, polyethylene, terylene or polypropylene fibres, nylon fibres or ceramic), the fluid transport element having a first end and a second end.
Claim 27 is rejected under 35 U.S.C. 103 as being obvious over Hon (US 2012/0111347) as applied to claim 19, further in view of Mironov (US 2016/0345629).
With respect to the limitations of claim 27, Hon discloses the claimed invention except for the heater is arranged as a wire mesh. However, Mironov discloses the heater is arranged as a wire mesh (Figs 3, 4, heater filaments 36, 0013-0016, 0070) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the aerosol delivery device of Hon having a heater silent to a wire mesh with the heater is arranged as a wire mesh of Mironov for the purpose of using a known heater mesh configuration that provides for an increasing contact area between the heater assembly and vaporing liquid (0012), for improved liquid aerosolization.
Claim 37 is rejected under 35 U.S.C. 103 as being obvious over Mironov (US 2016/0345629) as applied to claims 29 and 35, further in view of Xie (CN206197014). An English machine translation of Xie (CN206197014) is include with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claims 36 and 37, Mironov discloses the claimed invention except for the fluid transport element has an overall longitudinal length, and the conductive mesh is present on about 10% to about 80% of the overall longitudinal length of the fluid transport element. However, Xie discloses the fluid transport element (Fig 1, oil guide body 204, 0031) has an overall longitudinal length, and the conductive mesh (mesh heating element 202, 0031) is present on about 10% to about 80% of the overall longitudinal length of the fluid transport element (204, 0031) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the aerosol delivery device of Mironov having a mesh heater in contact with the fluid transport element silent to dimensions of the fluid transport element with the fluid transport element of Xie for the purpose of providing a known fluid transport element configuration that provides for a large contact area with the fluid transport element which allows for high atomization efficiency (0033).
Claims 38 and 39 are rejected under 35 U.S.C. 103 as being obvious over Mironov (US 2016/0345629) as applied to claims 29 and 35, further in view of Buchberger (US 2017/0188630).
With respect to the limitations of claims 38 and 39, Mironov discloses the claimed invention except for the heater comprises a network of conductive filaments including one or more non-conductive filaments; the one or more non-conductive filaments are effective to improve direction of flow of electrical current between the first clasp and the second clasp. However, Hon ‘632 discloses the heater comprises a network of conductive filaments includes one or more non-conductive filaments (Figs 1-3, 0057, 0059; first section 11 comprises a conductive material such as stainless steel wire mesh, the second and third sections 12, 13 comprise a fiber web or fabric made of glass fibers, glass fiber yarns or any other non-conductive and inert fiber materials); the one or more non-conductive filaments (0057, the second and third sections 12, 13 comprise a fiber web or fabric made of glass fibers, glass fiber yarns or any other non-conductive and inert fiber materials) are effective to improve direction of flow of electrical current between the first clasp and the second clasp (as disclosed by Mironov) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the aerosol delivery device of Mironov having a mesh heater silent to non-conductive filaments with the network of conductive filaments includes one or more non-conductive filaments; the one or more non-conductive filaments are effective to improve direction of flow of electrical current between the first clasp and the second clasp of Buchberger for the purpose of providing a known conductive and non-conductive filament configuration that is configured to wick and to heat a solution (0004) that is suitable for an aerosol delivery device.
Claims 40, 41, 43, 44 and 45 are rejected under 35 U.S.C. 103 as being obvious over Mironov (US 2016/0345629) in view of Ampolini (US 2014/0270727).
With respect to the limitations of claim 40, Mironov teaches a cartridge (Figs 1-4, 16, cartridge 20, 0060) of an aerosol delivery device, the cartridge comprising: an outer shell (housing 24, 0069); a reservoir defined in the outer shell, the reservoir configured to retain an aerosol precursor composition (cavity of housing 24); a mouthpiece (mouthpiece 12, 0062); a connector (Fig 5a, 5b, locating portion 25 is part of the injection moulded housing 24 and is configured to be received in a corresponding slot (not illustrated) in the base of the cavity 18, 0073) defining a bottom end of the cartridge; a heater (heater assembly 30, heater filaments 36, 0070) positioned in the cartridge below the reservoir and proximate a vaporization zone (area of heater filaments 36); and a fluid transport element (capillary material 22, 0069) positioned in the cartridge and arranged to deliver aerosol precursor composition from the reservoir to the heater; the heater (Figs 3, 4, heater filaments 36, 0070) is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element (capillary material 22); heating of the aerosol precursor composition by the heater in the vaporization zone forms a vapor that mixes with air entering the cartridge below the heater and below the vaporization zone so that the mixed vapor and air travels past the reservoir to the mouthpiece (see figure 16, airflow arrows, air inlet 1601, 0098).
Mironov discloses the claimed invention except for the mouthpiece defining a top end of the cartridge; the heater is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element and defines at least a first end with a first clasp and a second end with a second clasp, the first clasp and the second clasp being at least partially bent and configured to positionally secure the heater.
However, Ampolini discloses the mouthpiece (0062, first unit can comprise a distal end that engages the second unit and an opposing, proximate end that includes a mouthpiece) defining a top end of the cartridge (Figs 1, 3, cartridge portion 140, 0065) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the cartridge of Mironov in connection with a mouthpiece silent to the mouthpiece defining a top end of the cartridge with the mouthpiece defining a top end of the cartridge of Ampolini for the purpose of locating the mouthpiece in a suitable and alternative location that is suitable for inhalation of the aerosol.
Additionally, in another embodiment, Mironov discloses the heater (Fig 14, stainless steel mesh 118, 0095) is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element (0095, housing 112 is filled with a capillary material (not visible in FIG. 14) soaked in aerosol-forming substrate, as described with reference to the embodiment shown in FIGS. 1a to 1d) and defines at least a first end with a first clasp and a second end with a second clasp, the first clasp and the second clasp being at least partially bent (pair of contact strips 120, 0095) and configured to positionally secure the heater is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the aerosol delivery device of Mironov in view of Ampolini having a heater with silent to clasp with the heater is arranged to at least partially surround at least a portion of an outer surface of the fluid transport element and defines at least a first end with a first clasp and a second end with a second clasp, the first clasp and the second clasp being at least partially bent and configured to positionally secure the heater of another embodiment of Mironov for the purpose of providing a known alternative heater / cartridge design that is suited for a different pattern of airflow through the system (0095).
With respect to the limitations of claims 41, 43, 44 and 45, Mironov teaches the heater is configured as a conductive mesh formed by a network of conductive filaments (Figs 3, 4, heater assembly 30, heater filaments 36);
the first clasp and the second clasp are configured to positionally secure the conductive mesh heater (pair of contact strips 120);
the heater (36) is positioned at an end of (0019, capillary material may be directly in contact with the heater assembly) the fluid transport element (capillary material 22);
the first clasp and the second clasp are configured as electrical connections (pair of contact strips 120, 0095) for the heater to receive electrical power from a power source.
Response to Amendments
Claims 29-35, 37, 38, 40 and 43 have been amended.
Claim 45 is new.
Claims 19-35, 37-41 and 43-45 are pending.
Response to Arguments
The 112 rejection of claims 23, 32 and 35 have been withdrawn in view of the claim amendments.
Applicant’s arguments with respect to claims 19-35, 37-41 and 43-45 been fully considered but they are not persuasive.
The applicant has argued on pages 7-8 about claim 19 that Hon fails to disclose the limitations of "wherein the atomizer is positioned relative to the reservoir so that the aerosol precursor composition retained by the reservoir contacts an outer surface of the rigid, porous monolith" because conduction component 71 is arranged between the liquid storage component and liquid permeating component 6 and prevents contact of liquid conducting component with the storage component 3, the examiner respectfully disagrees.
As seen in figures 1, 2 and 3, the conduction component 71 is arranged on an outer circumference of liquid permeating component 6. The atomizer of Hon made of liquid conduction component 7, liquid permeating component 6, where it can be seen in figures 1 and 2, the liquid permeating component 6 is in direct contact with a top outer surface of the liquid storage component 3, and therefore fully discloses the recited claim limitations.
Applicant’s arguments on pages 9-10 with respect to the rejection of claims 29-35 and 40, 41 and 43-45 under 102 (a)(1)/(a)(2) by Mironov have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 103 in view of Mironov.
Dependent claims 27, 37-39, 41, 43-45 are also rejected in view of Mironov as set forth in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 8/10/2026
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